REPUBLIC ACT NO.

7699

AN ACT INSTITUTING LIMITED PORTABILITY SCHEME IN THE SOCIAL

SECURITY INSURANCE SYSTEMS BY TOTALIZING THE WORKERS’
CREDITABLE SERVICES OR CONTRIBUTIONS IN EACH OF THE SYSTEMS.

SALIENT FEATURES

SECTION 1. It is hereby declared the policy of the State to promote the welfare of our
workers by recognizing their efforts in productive endeavors and to further improve
their conditions by providing benefits for their long years of contribution to the national
economy. Towards this end, the State shall institute a scheme for totalization and
portability of social security benefits with the view of establishing within a reasonable
period a unitary social security system.

Sec. 2. Definition of Terms. — As used in this Act, unless the context indicates
otherwise, the following terms shall mean:

(a) “Contributions” shall refer to the contributions paid by the employee or worker to
either the Government Service Insurance System (GSIS) or the Social Security System
(SSS) on account of the worker’s membership;

(b) “Portability” shall refer to the transfer of funds for the account and benefit of a
worker who transfers from one system to the other;

(c) “Sector” shall refer to employment either in the public or private sector;

(d) “System” shall refer to either the SSS as created under Republic Act No. 1161, as
amended or the GSIS as created under Presidential Decree No. 1146, as amended; and

(e) “Totalization” shall refer to the process of adding up the periods of creditable
services or contributions under each of the Systems, for purposes of eligibility and
computation of benefits.

Sec. 3. Provisions of any general or special law or rules and regulations to the contrary
notwithstanding, a covered worker who transfers employment from one sector to
another or is employed in both sectors shall have his credible services or contributions
in both Systems credited to his service or contribution record in each of the Systems and
shall be totalized for purposes of old-age, disability, survivorship and other benefits in
case the covered member does not qualify for such benefits in either or both Systems
without totalization: Provided, however, That overlapping periods of membership shall
be credited only once for purposes of totalization.

Sec. 4. All contributions paid by such member personally, and those that were paid by
his employers to both Systems shall be considered in the processing of benefits which
he can claim from either or both Systems: Provided, however, That the amount of
benefits to be paid by one System shall be in proportion to the number of contributions
actually remitted to that System.

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Sec. 5. Nothing in this Act shall be construed to diminish or reduce the benefits being
enjoyed by a covered worker arising from existing laws, issuances, and company
policies or practices or agreements between the employer and the employees.

Sec. 6. The Department of Labor and Employment for the private sector and the Civil
Service Commission for the government sector, together with the SSS and the GSIS
shall, within ninety (90) days from the effectivity of this Act, promulgate the rules and
regulations necessary to implement the provisions hereof: Provided, That any conflict in
the interpretation of the law and the implementing rules and regulations shall be
resolved in favor of the workers.

Sec. 7. All laws, decrees, orders, rules and regulations, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 8. This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) national newspapers of general circulation,
whichever comes earlier.

Approved: May 1, 1994

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